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Rich Phillips
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Posted by Rich Phillips As promised, here are the summaries of the 10 opinions the Court issued on Friday. Six of the opinions are in argued cases, so the Court now has 41 remaining cases to decide. The decided cases were from October, November, December, and January. There is now... Continue reading
Posted 3 days ago at Texas Appellate Watch
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Posted by Rich Phillips This morning, the Supreme Court of Texas issued opinions in six argued cases. The Court also issued an opinion on rehearing in a much-watched insurance case from last term and issued three per curiam opinions. The opinion on rehearing in USAA Lloyds Co. v. Menchaca, No.... Continue reading
Posted 6 days ago at Texas Appellate Watch
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Posted by Rich Phillips In a memorandum opinion issued last week, the Dallas Court of Appeals again highlighted an error-preservation trap for the unwary and signaled its intent to keep enforcing the rule until someone gets it reversed en banc or by the Supreme Court. The issue stems from a... Continue reading
Posted Apr 9, 2018 at Texas Appellate Watch
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Posted by Rich Phillips In its weekly orders this morning, the Supreme Court of Texas issued opinions in two argued cases. The Court did not grant any new petitions for review. With these two opinions, the Court now has 47 cases that have been argued this term, but not yet... Continue reading
Posted Apr 6, 2018 at Texas Appellate Watch
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Posted by Rich Phillips In its December sitting, the Supreme Court of Texas is scheduled to hear argument in 11 cases over three days. Issues include the rule against perpetuities (I know ...), vicarious liability, a dog bite at a forward operating base in Iraq, exclusion of evidence, and yet... Continue reading
Posted Dec 4, 2017 at Texas Appellate Watch
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Posted by Rich Phillips The November argument calendar for the Supreme Court of Texas includes 8 cases, which will be heard on November 7 - November 9. Some highlights of the issues this week include the breadth of Texas's Anti-SLAAP statute (again), whether communications with a patent agent are covered... Continue reading
Posted Nov 6, 2017 at Texas Appellate Watch
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Posted by Rich Phillips In its weekly order list this morning, the Supreme Court of Texas issued one per curiam opinion and granted review in five new cases. In No. 16-0718, City of Magnolia 4A Development Corp. v. Smedley, the Court addressed the timeliness of an interlocutory appeal challenging the... Continue reading
Posted Oct 27, 2017 at Texas Appellate Watch
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Posted by Rich Phillips In its weekly order list this morning, the Supreme Court of Texas issued the first opinion in a case argued this term. The Court also granted motions to split oral argument time in two cases that will be argued in November and January. The Court issued... Continue reading
Posted Oct 20, 2017 at Texas Appellate Watch
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Posted by Rich Phillips This week, the Texas Supreme Court will hear argument in eight cases over three days. Aside from the legal issues, there are some other interesting wrinkles in these arguments. For example, on Tuesday, the Court will hear argument in Hill v. Shamoun & Norman, LLP. The... Continue reading
Posted Oct 9, 2017 at Texas Appellate Watch
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Posted by Rich Phillips In its weekly order list this morning, the Supreme Court of Texas did not issue any new opinions. The Court accepted a certified question from the United States Court of Appeals for the Eleventh Circuit. In No. 17-0781, Bergin v. Mentor Worldwide, LLC, the Court has... Continue reading
Posted Oct 6, 2017 at Texas Appellate Watch
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Posted by Rich Phillips We have our first opinions of the Texas Supreme Court's new term and they all relate to causation. The Court issued an opinion in a case that was argued last term but had been abated at the parties' request and issued two per curiam opinions. The... Continue reading
Posted Sep 29, 2017 at Texas Appellate Watch
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Posted by Rich Phillips In its weekly order list posted this morning, the Supreme Court of Texas disposed of several (12) pending motions for rehearing of cases decided last term. The Court also granted five petitions for review and set argument in a petition for writ of mandamus. Some of... Continue reading
Posted Sep 22, 2017 at Texas Appellate Watch
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Posted by Rich Phillips On Thursday, June 15, 2017, I will be part of a webcast panel discussion on recent Texas Supreme Court opinions. The other panelists will be former Chief Justice Wallace Jefferson, Mike Hatchell, David Gunn, and Prof. Wayne Scott from St. Mary's University School of Law. The... Continue reading
Posted Jun 14, 2017 at Texas Appellate Watch
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Posted by Rich Phillips On Friday, March 3, 2017, the Supreme Court of Texas issued opinions in two argued cases: No. 15-0083, M&F Worldwide Corp. v. Pepsi-Cola Bottling Co., Inc.—In this appeal of the denial of a special appearance, the Court was asked to decide whether Texas courts could exercise... Continue reading
Posted Mar 6, 2017 at Texas Appellate Watch
Posted by Rich Phillips On Thursday, February 9, 2017, beginning at 9:00 am, the Supreme Court of Texas will hear argument in three cases: No. 15-0847, Sommers v. Sandcastle Homes, Inc. consolidated with No. 15-0848, Sommers v. NewBiss Property, LP — In these consolidated cases, there are two primary issues.... Continue reading
Posted Feb 8, 2017 at Texas Appellate Watch
Posted by Rich Phillips On Wednesday, February 8, 2017, beginning at 9:00 am, the Supreme Court of Texas will hear argument in three cases: No.14-0979, Forest Oil Corp. v. El Rucio Land and Cattle Co., et al. — This appeal challenges the award by an arbitration panel of damages for... Continue reading
Posted Feb 7, 2017 at Texas Appellate Watch
Posted by Rich Phillips On February 3, 2017, the Supreme Court of Texas issued opinions in three argued cases. The Court did not grant any new petitions for review. Read the entire order list here. The Court issued opinions in the following cases: No. 15-0073, Paxton v. City of Dallas... Continue reading
Posted Feb 6, 2017 at Texas Appellate Watch
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Posted by Rich Phillips During the month of January, the Supreme Court of Texas issued seven opinions. On January 6, 2017, the Court issued two opinions: No. 15-0005, Oncor Electric Delivery Co., LLC v. Public Utility Comm'n — Eight parties to a Texas Public Utility Commission ratemaking proceeding regarding the... Continue reading
Posted Jan 31, 2017 at Texas Appellate Watch
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Posted by Rich Phillips In its weekly order list on Friday, October 28, 2016, the Texas Supreme Court issued two per curiam opinions. The Court did not grant any new petitions for review or set any mandamus petitions for argument. The two per curiam opinions are: No. 15-0452, In re... Continue reading
Posted Oct 31, 2016 at Texas Appellate Watch
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Posted by Rich Phillips In its weekly order list on October 21, 2016, the Supreme Court of Texas issued a slightly revised opinion in one case and granted review in two additional cases. The corrected opinion was issued in No. 14-0743, Southwest Royalties, Inc. v. Hegar. According to Osler McCarthy,... Continue reading
Posted Oct 21, 2016 at Texas Appellate Watch
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Posted by Rich Phillips This week, the Supreme Court of Texas is holding its end-of-summer conference. While most conferences during the year are scheduled for a single day, this conference was scheduled for Wednesday, Thursday, and Friday. The Court will be considering cases in which it has requested a response... Continue reading
Posted Aug 26, 2016 at Texas Appellate Watch
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Posted by Rich Phillips With apologies for the delay, here are the summaries of the opinions issued by the Texas Supreme Court on May 27, 2016. The court decided a total of 9 cases: No. 14-0572, Coyote Lake Ranch LLC v. City of Lubbock — This suit between a landowner... Continue reading
Posted Jun 2, 2016 at Texas Appellate Watch
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Posted by Rich Phillips On May 20, 2016, the Supreme Court of Texas issued opinions in seven cases: No. 14-0362, Christus Health Gulf Coast v. Carswell — This medical malpractice case arose from the death of a patient at Christus St. Catherine Hospital. The plaintiffs asserted that malpractice caused the... Continue reading
Posted May 20, 2016 at Texas Appellate Watch
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Posted by Rich Phillips On May 13, 2016, the Supreme Court of Texas issued opinions in three cases, including the long-awaited school-finance opinion (No. 14-0776): No. 14-0086, Philadelphia Indemnity Insurance Co. v. White — This landlord/tenant dispute arose from damages to the apartment complex allegedly caused by a clothes dryer... Continue reading
Posted May 13, 2016 at Texas Appellate Watch
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Posted by Rich Phillips In its weekly order list on April 15, 2016, the Supreme Court of Texas issued opinions in four argued cases. The Court did not grant any new petitions for review. No. 14-0669, Greer v. Abraham — In this appeal arising from a motion to dismiss under... Continue reading
Posted Apr 15, 2016 at Texas Appellate Watch